Territory of Montana v. Dooley
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The defendant was tried for an assault with the intent to commit murder, and found guilty by the jury of assault and battery.
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Appeal from Second District, Deer Lodge County. The defendant was tried for an assault with the intent to commit murder, and found guilty by the jury of assault and battery. The defendant appeals from the judgment, and relies upon the judgment roll. 1. The indictment does not state facts sufficient to justify the entry of judgment on the verdict of the jury, in that it does not charge who the particular person was whom the defendant assaulted with intent to commit murder, or any other offense. It does state that he assaulted and battered Julius Erich, but does not charge any intent on his…
1Opinion of the CourtWade, C. J.
This appeal presents one question only, viz.: Can a defendant, under an indictment charging him with an assault with intent to commit murder, be lawfully convicted of an assault and battery?
Our statute provides that “an assault with intent to commit murder shall subject the offender” to the punishment therein provided. Under this statute a battery is not necessary to an assault with intent to commit *298murder. It does not necessarily form one of the elements of that crime. It is not one of the essential parts ■thereof, and is not necessarily included therein. An assault with intent to commit…
2Cited by3 opinions
- In re McLeodIdaho Supreme Court · 1913
- State v. ShaverSupreme Court of Iowa · 1923
- Territory of Montana v. StockerMontana Supreme Court · 1889